The ball is in the middle. Nothing is certain yet, but the review of the indictment against Donald Trump for the assault on Capitol Hill on January 6, 2021 by thousands of his followers could open up new scenarios. In fact, Special Prosecutor Jack Smith reviewed the indictment yesterday evening, August 27. “The superseding indictment, presented to a new grand jury that had not previously heard evidence in the case, reflects the government’s efforts to respect and implement” the Supreme Court’s decision on presidential immunity, as we read in the documented presentation. A new indictment that does not consider Trump’s actions to be within his “official responsibilities” could open the door to new developments in the case. In the meantime, the former president of the United States has already responded: “It is a farce actively pushed by Comrade Kamala Harris.”

Attorney General's Decision

The charges against Trump remain the same. What changes is the framework within which the prosecutor operates and the legal status of the defendant. In fact, Smith asserts that Trump had no constitutionally mandated presidential duties in the post-election transition: “The defendant had no formal responsibilities related to the certification process. But he had a personal interest in being chosen as the winner of the election,” the prosecutor’s filings state. “The businessman was therefore unable to exploit the Supreme Court’s recent ruling in his favor, which essentially guarantees immunity to the president in the exercise of his office, and which in fact granted him partial immunity.”

Reaction

Trump’s lawyers were the first to respond to the special counsel’s rewording. In fact, the team was “surprised” by the timing of the review, CNN reported, which they had expected later in the year. But it was the businessman himself who took to the social networking site Truth, speaking of “persecution of a political rival.” “In an attempt to revive the witch hunt in Washington, Special Counsel Jack Smith has, in an act of desperation, filed this new ridiculous indictment against me. An attempt to interfere in the election and distract Americans from the disasters that Kamala Harris has inflicted on our country. It is the greatest sabotage of our democracy in history,” Trump wrote.

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